Constitutional Status and Significance
- High Court is the highest judicial authority at the state level under Articles 214–231 (Part VI).
- It is a Court of Record, a constitutional court, and a vital organ of the single integrated judicial system.
- It functions to:
- Enforce Fundamental Rights
- Interpret the Constitution
- Maintain the rule of law
- Hear appeals and supervise subordinate courts
Territorial Jurisdiction
- Each state has a High Court, though Parliament can establish a common High Court for two or more states/UTs (Art. 231).
- E.g., J&K and Ladakh share a High Court.
- Parliament can also alter High Court’s jurisdiction over any UT.
Composition and Strength
- No fixed strength; determined by President based on workload.
- Consists of Chief Justice + other judges as decided by the President.
Appointment of Judges
- Chief Justice: Appointed by President in consultation with Governor and Chief Justice of India (CJI).
- Other Judges: Appointed by President after consultation with:
- Governor of the state
- CJI
- Chief Justice of that High Court
- In case of joint High Courts – Governors of all states involved.
- Based on Second (1993) and Third Judges Case (1998): CJI’s recommendation is binding and based on Collegium system.
Qualifications (Article 217)
- Must be a citizen of India.
- Must have:
- Held judicial office in India for 10 years, or
- Been an advocate in a High Court for 10 years.
- No minimum age or provision for ‘distinguished jurist’ unlike SC.
Tenure and Removal
- Retirement age: 62 years (vs. 65 for SC judges).
- Removal by President on grounds of:
- Proven misbehavior or incapacity
- Following the same impeachment process as SC judges under Judges Enquiry Act, 1968 (special majority in Parliament).
- Voluntary resignation to President; vacancy occurs on transfer or promotion.
Types of Judges
- Acting Chief Justice: Appointed temporarily during vacancy/absence.
- Acting Judge: Appointed when a judge is temporarily absent or promoted.
- Additional Judge: Appointed for up to 2 years to handle increased workload.
- Retired Judge: Can be reappointed temporarily with their consent and Presidential approval.
Salaries and Oath
- Determined by Parliament; charged on Consolidated Fund of State, except pensions (Fund of India).
- Judges take oath before Governor to uphold Constitution and law.
Jurisdiction and Powers
A. Original Jurisdiction
- Disputes on election of MPs/MLAs, revenue matters, constitutional interpretation.
- Only Calcutta, Bombay, Madras, Delhi HCs have original civil jurisdiction in certain cases.
B. Writ Jurisdiction (Art. 226)
- Wider than SC’s Art. 32 – can issue writs not just for FRs, but for any legal right.
- Concurrent with Supreme Court’s writ jurisdiction.
C. Appellate Jurisdiction
- Civil appeals: from district and subordinate courts on facts/law.
- Criminal appeals: from Sessions Courts if punishment >7 years.
- Death sentence: Must be confirmed by High Court.
D. Supervisory Jurisdiction (Art. 227)
- Judicial and administrative superintendence over all subordinate courts.
- Covers revisional powers and suo motu actions.
E. Control over Subordinate Judiciary
- Appointments, postings, promotions (except for district judges) in consultation with Governor.
- Transfer, discipline, and withdrawal of cases on constitutional questions.
F. Judicial Review
- Can declare legislative/executive acts unconstitutional (Art. 13, Art. 226).
G. Court of Record
- Judgments have evidentiary value.
- Can punish for contempt (its own or subordinate courts’).
Safeguards for Independence
- Security of tenure; removal only via constitutional procedure.
- Salaries protected from vote of legislature.
- Post-retirement restrictions (cannot practice in same state court).
- Conduct not discussed in Parliament/Assembly unless under impeachment motion.
- Can appoint own staff.
- Jurisdiction cannot be curtailed, only extended by Parliament.
Current Challenges
- Judicial vacancies
- Case pendency and delay
- Political pressure on appointments
- Infrastructure gaps in subordinate courts
- Backlog of constitutional and civil writs
Conclusion
High Courts are the bedrock of state-level justice and vital instruments in maintaining constitutional governance. As watchdogs of fundamental rights, they play a critical role in strengthening democracy, checking executive overreach, and upholding rule of law.